Section 76.

Organizational order to meet exigencies of the

Structure and Staffing Pattern service.

● LGUs shall design and

Situations considered as bad faith
implement its own
when employees are removed as a
organizational structure and
result of reorganization (Section 2, RA
staffing pattern
6656)
● Minimum standards and
guidelines shall be prescribed by ● When there is significant
the Civil Service Commission increase in the number of
● Implies the power to revise and positions in the new staffing
reorganize pattern of the department or
agency
● When an office is abolished
Reorganization is an overhaul of the and another performing
LGU. It involves the abolition and substantially the same
merger of offices, the transfer and functions is created
retrenchment of personnel, and the ● When incumbents are
establishment of a new organizational replaced by those less
structure. It is a high-intensity and qualified in terms of status of
high-risk strategy and must be done appointment, status, and merit
carefully. ● When there is reclassification
of offices and these offices
perform substantially the same
Reorganization subject to good faith as the original offices
test ● When the removal violates the
order of separation provided
● Requires rational and deliberate in Section 3 of RA 6656
changes of plans and should be
executed in good faith from time
to time
Section 77. Responsibility for
Human Resources and
Development
(Section 2, RA 6656)

● No officer or employee in the

career service shall be removed
except for a valid cause and after
due notice and hearing.
● Valid cause means a position has
been abolished or rendered
redundant or a need to merge,
divide or consolidate positions in
● The responsibility is vested to
the chief executive of every local
government unit
● All personnel actions are in
accordance with the
Constitutional provisions of the
CSC, pertinent laws, and rules
and regulations
 ● The Chief Executive may employ Power to revoke or cancel appointment
emergency or casual employees of the Civil Service Commission
or laborers paid on a daily wage
without the need of approval
from the CSC provided that the ● CSC has the authority to
employment will not exceed for revoke or cancel an
6 months appointment to a civil service
position after its Regional Office
has approved the same and the
Section 78. Civil Service law, Rules appointee had assumed the new
and Regulations and Other position.
Related Issuance ● CSC has also the power to
hear and decide cases
instituted before it directly or
Resignation and Abandonment on appeal, including contested
appointments and review
Resignation is the act of giving up or decisions and actions of its
the act of an officer by which he agencies and of the agencies
declines his office and renounces the attached to it. (Section 12 (11)
right to further use it. of Book V of the Administrative
● Formal relinquishment Code of 1987)

Abandonment of an office is defined as

the voluntary relinquishment of an No prior notice where employee
office by the holder with the intention continuously absent
of terminating his possession and
control thereof.
● No prior notice is required to be
● Voluntary relinquishment given to an employee who has
through non-user been continuously absent
Non-user means- to a without approved leave for at
neglect to use a privilege or least 30 days before dropping
right him from the rolls.

Procedure for judicial review of

decisions of the Civil Service
Commission

● Special civil action for certiorari

under Rule 65 of the Rules of
Court will be applicable only if
there is no appeal or any plain,
 speedy or adequate remedy in
the ordinary course of law.
Section 79. Limitation to
Appointments
● No person shall be appointed in
the career service of the local
government if he is related
within the fourth civil degree of
consanguinity or affinity to the
appointing or recommending
authority
Degree of consanguinity or affinity is
narration of facts within the purview of
Article 171(4) of the Revised Penal
Code.
● When a government employee is
required to disclose his relatives
in the government service, such
information elicited therefore
qualifies as a narration of facts.
● Untruthfulness of the
statements on relationship
pertains to the prohibition or
restriction imposed by law on
the appointing power.
Whenever a local executive
decides to fill a vacant career
position, there shall be posted
notices of the vacancy in:
● at least three (3) conspicuous
public places in the local
government unit
● for a period of not less than
fifteen (15) days.
(Section 80 (a) RA 7160)
Compensations, allowances,
emoluments and other
emoluments shall be due to:
1. Punong Barangay
2. Sangguniang Barangay Member
3. Sanggunian Kabataan Chairman
4. Barangay Treasurer
5. Barangay Secretary
Elective officials shall be entitled to the
same privileges as enjoyed by
appointive officials including its
cumulation or commutation.
(Title One Book III of LGC)
Resignations by elective local officials
shall be deemed effective only upon
acceptance by the following
authorities:
6. The President, in the case of
governors, vice-governors, and
mayors and vice-mayors of
highly urbanized cities and
independent component cities;
7. The governor, in the case of
municipal mayors, municipal
vice-mayors, city mayors and
city vice-mayors of component
cities
8. The sanggunian concerned, in
the case of sanggunian members
9. The city or municipal mayor, in
the case of barangay officials.
(Section 82 (a) RA 7160)
RESIGNATION (Section 84 RA 7160)

● the act of giving up or the act of

an officer by which he declines
his office and renounces the
PREVENTIVE SUSPENSION
right to further use of it.
OF APPOINTIVE LOCALS OFFICIALS

AND EMPLOYEES
REQUIREMENTS FOR RESIGNATION:

1. Intention to relinquish a part of the

(a) the LOCAL CHIEF EXECUTIVES may
term.
preventively suspend for a period not
2. Act of relinquishment exceeding sixty (60) days and
subordinate official or employee under his
3. An acceptance by the proper
authority pending investigation if the
authority
charge against such official or employee
involves:

(Section 82 (b) RA 7160)

◊ dishonesty;
ABANDONMENT OF OFFICE
◊ oppresion;
● The voluntary relinquishment of
an office by the holder with the ◊ grave misconduct;
intention of terminating his
posession and control thereof. ◊ neglect in the performance of duty; or

ESSENTIAL ELEMENTS OF ◊ if there is reason to believe that the

ABANDONMENT: respondent is guilty of the charges which
would warrant his removal from the
1. Intention to abandon.
service.
2. An overt (external act) by which an
act is carried into effect.

(b) Upon expiration of the preventive

Resignations by elective local officials
MUST be in WRITING and copies
shall be furnished to the Department of
Interior and Local Government.
Investigation, adjudication, suspension
and removal shall be according to the
CIVIL SERVICE LAW. Results of
investigations shall be reported to the
Civil Service Commission.
suspension, the suspended official or
employee shall be automatically
reinstated in office without prejudice to
the continuation of the administrative
proceedings against him until its
termination.
If the delay in the proceedings of the case
is due to the fault, neglect or request of
the respondent, the time of the delay
shall not be counted in computing the □ to prevent
> may the impose
accused
prevention
from using
suspension
period of suspension herein provided. his/herunder
position
Sectionand
13 the
of Republic
powersActand
No. 3019
prerogatives
may notof exceed
his/her 90
office
days.
to influence
potential witnessess; or

WHERE POWER TO PREVENTIVELY □ tamper with records which may be vital

SUSPEND VESTED: in the PERIOD OF PREVENTIVE
prosecution of the caseSUSPENSION
against
him/her.
Local Chief not exceeding
1. The LOCAL CHIEF 1
Executives sixty (60) days
EXECUTIVES
Quimbo vs. Gervacio
• The power to preventively suspend Ombudsman or not more than
2
appointive local officials is vested in The G.R. No. 155620, 09 Aug 2005 six (6) months
Deputy
local chief executives having authority
"If after such investigation, the charge is
not exceed 90
over them. 3 The Court
established and the person investigated
days is
found guilty of acts warranting his/her
Who are the Local Chief suspension or removal, then he/she is
Executives? suspended, removed or dismissed. This is
> The local chief executives are the the penalty. Not being a penalty, the
elected officers of the local government period PREVENTIVE
within whichSUSPENSION
one is under can be
units (LGUs) as provided for under Book preventive suspension is not considered
decreed on an official under investigation
III of Republic Act No. 7160 also known part ofafter
the actual penalty
charges are ofbrought
suspension.
and even
as the Local Government Code of 1991, Thus, before
service
the charges are preventive
of the heard since the
they are as follows: suspension
samecannot be the
is not in credited asof
nature service
penalty but
of penalty."
merely a preliminary step in
administrative investigation.
DESIGNATION NOT PREREQUISITE
FOR PREVENTIVE SUSPENSION

> The designation of a replacement is not

a requisite to give effect to a preventive
suspension under the Civil Service Law
because a preventive suspension may be
imposed by the disciplinary authority at
any time subject to requisites provided
under Local Government Code or under
Ombudsman Act

WHAT IS THE PURPOSE OF THE EFFECT TYPES

TWO OF PREVENTIVE
OF PREVENTIVE
PREVENTIVE SUSPENSION ORDER? SUSPENSION ON COMPENSATION
SUSPENSION:

> The purpose of the suspension order is □ In relation

1. to Section 64 of this
PREVENTIVE Code,
SUSPENSION
: Salary PENDING
of Respondent
INVESTIGATION Pending
- is not a
Suspension, it provides that the > He shall
Localhave
Chief
jurisdiction
Executiveto investigate
may impose the
respondent official preventively and decide
penalty
against
of: erring personnel and
suspended from office shall receive no imposed a penalty enumerated in Section
1 removal from service;
salary or compensation during such 87 of this Code.
suspension; but upon subsequent 2 demotion in rank;
exoneration and reinstatement , he shall
> In case
3 the suspension
penalty imposed
for notbymore
the than
be paid full salary or compensation
Local Chief Executive
one (1) year is without
suspension
pay;
including such emoluments accruing
without pay for not more than thirty (30),
during such suspension. 4 fine in an amount not exceeding
such decision becomes final.
six (6) months salary;

5 penalty
> If the reprimand.
imposed is heavier than
suspension of thirty (30) days;

Remedy: appeal to the Civil Service

Commission

> The CSC will decide the case within (30)

days from receipt thereof as provided for
in this Code and pursuant to Section 44
and Section 45 of the Revised Rules on
Administrative Cases in the Civil Service

salaries and
EXECUTION PENDING all benefits which
APPEAL
would have accrued as if he/she
> An appeal has shall not illegally
not been prevent suspended.
the
execution of a decision of removal or
suspension of respondent-appellant.

> In case the respondent-appellant is

exonerated, he shall be reinstated to his
position with all the rights and privileges
appurtenant thereto from the time he had
been deprived thereof.

> Effects of Exoneration on Certain

Penalties under Section 53 of the Revised
WHERE POWER TO DISCIPLINE Rules on Administrative Cases in the Civil
VESTED: Service:

> The Local Chief Executive have the a. In case the penalty imposed is a
power to discipline against subordinate fine, the same shall be
officers and employees under his/her d. refunded.
In case the penalty imposed is
jurisdiction. b. dismissal, he/she shall
 In case there is demotion, transferred, directly or
he/she shall be restored to indirectly, out of the
his/her former position, without resources of the local
loss of seniority rights. government unit in which
Respondent shall also be entitled he is an official or
to the payment of salary employee to such person
differentials during the period or firm (the public officer’s
the demotion was imposed. company/business)
 Prohibited interests applicable to
c. In case the penalty imposed is
conjugal partnership of gains
suspension, he/she shall
immediately be reinstated to
his/her former post without loss Criminal liability
of seniority rights and with  Imprisonment for six (6) months
payment of back -- and 1 day to six (6) years; or
 Fine of not less than ₱3,000.00
nor more than ₱10,000.00
Section 89. Prohibited Business
and Pecuniary Interest
Section 90. Practice of Profession
Prohibited acts for any local
All Prohibited to
o
government official or employee:
Governors, practice their
 Direct use of his office for private
city and profession or
gain: municipal
o Engaging in any business engage in any
mayors
transaction with the local occupation
government unit in which Sanggunia GR: Sanggunian
n members members may
he is an official or
employee; or practice their
o Engaging in any business professions, engage
transaction with the local in any occupation,
government unit over or teach in schools
which he has the power of except during
supervision; or session hours.
 Taking action in which any XPN: If member of
official has or will have financial the Bar, prohibited
interest: to:
o Engaging in any business o Appear as
transaction with the counsel
authorized boards, before any
officials, agents, or court in any
attorneys, whereby civil case
money is to be paid, or wherein a
property or any other local
thing of value is to be government
 unit or any interest of the
office, government.
agency, or Doctors of o Allowed to
instrumentalit medicine practice their
y of the profession
government is only on
the adverse emergencies
party; even during
o Appear as official hours;
counsel in any o Should not
criminal case derive
wherein an monetary
officer or compensation
employee of
the national
Conflict of Interest
or local
 Conflict of interest exists where
government is
the interests of the local
accused of an
government unit with which the
offense
official is connected are opposed
committed in
with the interests of the person
relation to his
who obtains his services.
office.
o Collect any
Section 91. Statement of Assets
fee for their
and Liabilities
appearance in
administrative What to File:
proceedings  Sworn statements of assets,
involving the liabilities, and net worth
local  Lists of relatives within fourth
government civil degree of consanguinity or
unit of which affinity in government service
he is an  Financial and business interests
official; and  Personnel data sheet
o Use property
and personnel
Section 92. Oath of Office
of the
government  Who: All elective and
except when appointive local officials and
the employees
sanggunian  What: Subscribe to an oath or
member
affirmation
concerned is
 When: Assumption to office
defending the
 How:
 o Filed with the office of
the local chief executive
o Copy shall be preserved
in individual personal
records
o Copy, in custody of the
personnel office,
division, or section of
the local government
unit
Sec. 93 Partisan Political Activity;
Prohibited Acts; Exceptions
● Local official or employee in
the career civil service
● Prohibited Acts
● engage directly or indirectly in
any partisan political activity
● take part in any election
● initiative
● referendum
● plebiscite or recall,
● use his official authority or
influence to cause the
performance of any political
activity by any person or body
● Exceptions
● to vote
● express his views on current
issues
● mention the names of certain
candidates for public office
whom he supports.
● Elective local officials
● may take part in partisan
political and electoral activities
● Prohibited Acts
● solicit contributions from their
subordinates or;
● subject these subordinates to
any of the prohibited acts under
the Omnibus Election Code.
Sec. 94 Appointment of Elective
and Appointive Local Officials
● Elective or appointive local
official
● Prohibited Acts
● appointment or designation in
any capacity to any public office
● any position during his tenure
● hold any other office or
employment in the government
including GOCCs or their
subsidiaries
● Exceptions
● When it is allowed by law
● by the primary functions of his
position
Candidates Who Lost in an Election
● Prohibited Acts
● be appointed to any office in the
government or any GOCCs or
any of their subsidiaries within
one (1) year after such election
● Exceptions
● losing candidates in barangay
election
Sec. 95 Additional or Double
Compensation
 ● No elective or appointive When the period Secured
local official or employee of travel extends Permission from
● Prohibited Acts to more than the Office of
● receive additional, double, or three (3) the President
indirect compensation months, during
● accept without the consent of the periods of
emergency or
Congress, any present,
crisis or when the
emoluments, office, or title of
travel involves
any kind from any foreign the public funds
government Field officers of
national
agencies or
● Exceptions offices assigned Local chief
● specifically authorized by law in provinces, executive
cities, and
Note: Pensions or gratuities shall municipalities
not be considered as additional, shall not leave
double, or indirect compensation their official
stations without
giving prior
written notice.
Sec. 96 Permission to Leave ● Such
Station notice
Provincial, city, Apply and secure shall state
municipal, and written the
barangay permission from duration
appointive their respective of travel
officials local and the
executives name of
before departure the
officer
whom he
Mayors of Secure shall
components permission of the designate
cities and Governor
to act for
municipalities
and in his
who will travel
outside the behalf
province during his
Local Notify their absence
government respective
officials Sanggunian
traveling abroad